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Web Site Terms of Use


 

 

Welcome to PMI® and this affiliated Web Site (the "Web Site"). It is our desire to create a relationship with you that works for both of us. This Web Site is offered to you conditioned upon your agreeing to follow and be bound by the simple terms, conditions, and notices contained on this page and the Privacy Policy page. PMI Inc. reserves the right to make changes to the Web Site and/or may revise the Terms of Use and Privacy Policy at any time immediately by posting the changed Terms of Use or Privacy Policy in their respective locations without individually notifying you.

Note About Children

Individuals who are not of legal age are not eligible to use the Web Site, and we ask that they do not submit any personal information to us, nor continue the use of this Web Site without the accompaniment of a parent or legal guardian.

Security

We at PMI Inc. and this Web Site are concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. We have been very diligent about installing a security system that honors the privacy of any personal information you give us and prevents unauthorized access to that information.

Member Registration

As part of the registration process, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide us with any of that information promptly after such changes occur. PMI Inc. shall not be responsible for multiple charges to your credit card in the event you click on "PURCHASE NOW" more than one time during any one session. Your right to use the Web Site is personal to you and cannot be transferred to any other person. You are responsible for maintaining the confidentiality and all use of your account under any password by any person whether or not authorized by you and for ensuring that all use of your account complies with this agreement and are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s).

Member Information

By clicking the "PURCHASE NOW" button, you also are agreeing that PMI Inc. may store information you provide as part of the registration process. PMI Inc. will not disclose any of your Personal Identifying Information to a third party without first notifying you and giving you an opportunity to elect not to have your Personal Identifying Information disclosed. See PMI Inc. Privacy Policy.

No Professional, Legal or Health Advice

The information and content provided on the Web Site is general in nature and is provided for informational purposes only. It is provided with the understanding that neither PMI Inc. nor its affiliates or consultants are engaged in rendering legal, accounting, or other professional service. If advice in any of these areas or other expert assistance is required, the service of an appropriate professional should be sought.

The content provided on the Web Site should not be treated as medical, psychiatric, psychological or behavioral health care advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical or behavioral health condition. Nothing contained on the Web Site is intended to be used in place of a qualified health care professional. Do not delay seeking medical or behavioral health care advice because of something you have read, heard or seen on the Web Site.

Personal and Noncommercial Use

The information, products and services on the PMI Inc. affiliated Web Site are licensed and not sold for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to PMI Inc. that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use. With the only exception of any individualized product from the Web Site (such as a personal assessment), you may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from this Web Site, or as provided by PMI Inc., this Web Site, or our consultants, even for your own personal use, without first getting permission in writing from PMI Inc.

Copyright/Trademark Information

All material on the Web Site or provided to you as a result of your use of the Web Site is Copyright © 2004, PMI Inc./XMG Inc. (along with its respective affiliates as noted). All rights reserved worldwide. PMI Inc. is a registered trademark and service mark of PMI Inc. and is protected under U.S. and International laws. Other names appearing on the Web Site(s) may be trademarks of their respective owners.

Limitations of Liability

Advice received from this Web Site should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. If you are not satisfied with any of the products or services you receive from PMI Inc. or the Web Site, our warranty to you, and the Limitation of our Liability, shall be to replace or repair the defective product item at our discretion or to offer you for a comparable period of time the services or consultations you have purchased by another Consultant of our choice. You are responsible to obtain a Return Merchandise Authorization (RMA) from PMI Inc. and ship per its instructions. Otherwise, all sales are final for any products or services offered by PMI Inc. or the Financial Scoreboard Web Site. NEITHER PMI Inc. LTD. AND/OR ITS RESPECTIVE SUPPLIERS, ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SERVICE OR THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES PMI INC., AND/OR ITS RESPECTIVE SUPPLIERS, ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT ON THIS WEB SITE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEB SITE FOR ANY PURPOSE.

ALL SUCH INFORMATION AND CONTENT ON THE WEB SITE IS PROVIDED ON AS "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. NONE OF PMI INC., AND/OR ITS RESPECTIVE SUPPLIERS, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, THE WEB SITE OR ITS SERVICES (OTHER THAN AS STIPULATED ABOVE), EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND RESULTS OF THE WEB SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

IN NO EVENT SHALL PMI INC. AND/OR ITS SUPPLIERS, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, SAVINGS, GOODWILL OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PMI INC. OR ANY OF ITS SUPPLIERS, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

In states/jurisdictions that do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, the above limitations or exclusions may not apply to you. In such states, the liability of PMI Inc., and/or its suppliers, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. If you are dissatisfied with any portion of this Web Site or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Web Site.

Indemnity

You agree to indemnify, defend and hold PMI Inc. and our service providers, including all officers, directors, owners, agents, Content providers, affiliates and licensors (collectively, the "PMI Inc. Party(ies)") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by you in any manner for, or arising out of or in any way connected with your access to, use of this Web Site or any information provided; or any PMI Inc. Party(ies) in connection with any claim arising out of any use or alleged use of your account or password by you or any person whether or not authorized by you. The PMI Inc. Party(ies) reserve the right, at its(there) own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the PMI Inc. Party(ies) defense of such claim.

General

This agreement shall be construed in accordance with the laws of Canada, and the parties irrevocably consent to bring any action to enforce this agreement in the courts located Vancouver, Canada in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including this paragraph. If any part of this agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provisions and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between you the user and PMI Inc. with respect to this Web Site and such subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you the user and PMI Inc. with respect to this Web Site. If any of the provisions of are held unenforceable, then all other provisions shall survive any termination of this agreement, as well as any other provisions, which by their terms or sense are intended to survive.

Contact Information

If you have any questions regarding these Terms of Use, or if your have any other questions regarding this Web Site, please contact PMI at support@financialscoreboard.com.

Revised March 27, 2004